Sex / Gender Discrimination

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In Fish v. 1295 Aroxy Cleaners, No. 15-cv-102, 2017 WL 1496244 (N.D.N.Y. Apr. 26, 2017), a sexual harassment hostile work environment case, the court denied defendants’ motion for summary judgment. Here are the facts, as summarized by the court: According to [plaintiff] Fish, [plaintiff’s primary supervisor Hagop] Poladian began sexually harassing her at the end…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Touching of Intimate Body Parts
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In Daphnis v. Memorial Sloan-Kettering Cancer Center, 2017 WL 1021510 (N.Y.Sup.), 2017 N.Y. Slip Op. 30484(U) (Trial Order) (NY Sup. Ct. NY Cty. 153511/14 March 16, 2017), the court granted defendant’s summary judgment and dismissed plaintiff’s complaint alleging (e.g.) discrimination, hostile work environment, retaliation, defamation, and intentional infliction of emotional distress. The court summarized plaintiff’s allegations…

Read More Anti-Caucasian/Greek Discrimination & Hostile Work Environment Claims Dismissed
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In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be…

Read More Court Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender Stereotyping Claim Not Plausibly Alleged
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In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the…

Read More SCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in Employment Discrimination Cases
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In yet another sexual harassment lawsuit against Fox News and Roger Ailes, captioned Roginsky v. Fox News Network LLC (NY Sup. Ct. NY Cty. Index 153065/2017) (filed April 3, 2017), plaintiff Julie Roginsky asserts (inter alia) that defendants Fox News, Roger Ailes, and Bill Shine (co-President of Fox News Network) “unlawfully harassed, discriminated against, and…

Read More (Another) Sexual Harassment Lawsuit Against Fox News & Roger Ailes
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In Rivera v. United Parcel Serv., Inc., No. 303092/08, 2017 WL 1082764 (N.Y. App. Div. Mar. 23, 2017), the court upheld jury findings of gender discrimination and retaliation. This case illustrates, among other things, how workplace rumors/gossip can give rise to an actionable claim. As to plaintiff’s gender discrimination claim, the court explained: Plaintiff was…

Read More Court Upholds Plaintiff’s Gender Discrimination & Retaliation Verdict; Cites Sexual Comments and “Affair” Rumors
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In Simons v. Petrarch LLC and Hicham Aboutaam, 2017 NY Slip Op 30457(U) (NY Sup. Ct. NY Cty. March 1, 2017) (J. Hagler), a sexual harassment case, the court applied spoliation sanctions on plaintiff. This case is instructive as to the obligations of litigants generally, and in sexual harassment cases in particular, to preserve evidence.…

Read More Sexual Harassment Plaintiff Hit With Spoliation Sanctions
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In DeVore v. Neighborhood Hous. Servs. of Jamaica Inc. (NHSJ), No. 15-CV-6218 (PKC), 2017 WL 1034787 (E.D.N.Y. Mar. 16, 2017), the court held that plaintiff sufficiently alleged a claim of gender discrimination. From the decision: [T]he Court finds that Plaintiff has sufficiently pled a disparate treatment claim on the basis of gender. Plaintiff alleges that…

Read More Male Employee’s Gender Discrimination (Disparate Treatment) Claim Sufficiently Pled; Survives Motion to Dismiss
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In Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims. In this case, plaintiff generally alleges that Defendant Ashworth discriminated against and harassed her and…

Read More Court Dismisses Gender Discrimination/Constructive Discharge, Hostile Work Environment, Retaliation Claims Against Regional Radio Group LLC
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In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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